ABDULLAH ALSHEIKH V. JACOB LEW, No. 16-16609 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED OCT 4 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT ABDULLAH SALEH ALSHEIKH, Plaintiff-Appellant, No. U.S. COURT OF APPEALS 16-16609 D.C. No. 3:15-cv-03601-JST v. STEVEN MNUNCHIN*; JOHN A. KOSKINEN, in his official capacity as the Commissioner of the Internal Revenue Service, MEMORANDUM** Defendants-Appellees. Appeal from the United States District Court for the Northern District of California Jon S. Tigar, District Judge, Presiding Submitted September 26, 2017*** Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges. Abdullah Saleh Alsheikh appeals pro se from the district court’s judgment * Steven Mnuchin has been substituted for his predecessor, Jacob J. Lew, as Secretary of the Treasury under Fed. R. App. P. 43(c)(2). ** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). dismissing for lack of standing his action alleging that the Foreign Account Tax Compliance Act violates his constitutional rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Wilson v. Kayo Oil Co., 563 F.3d 979, 980 (9th Cir. 2009). We affirm. The district court properly dismissed Alsheikh’s action because Alsheikh failed to allege facts sufficient to establish an injury in fact as required for Article III standing. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 (1992) (elements of Article III standing); see also Clapper v. Amnesty Int’l USA, 568 U.S. 398, 409 (2013) (“[Threatened injury must be certainly impending to constitute injury in fact, and . . . allegations of possible future injury are not sufficient.” (citations and internal quotation marks omitted)). AFFIRMED. 2 16-16609

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